Arbitration / Mediation / Litigation Litigation & Dispute Resolution

The Singapore Convention on Mediation: A Commentary

By Guillermo Palao
Edward Elgar Publishing November 2022

Specifications

ISBN-13
9781800884847
Publisher
Edward Elgar Publishing
Publication
November 2022
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This Commentary offers an article-by-article examination of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the Singapore Convention), as well as insights into the negotiation process through which the Convention was developed. It provides deep theoretical and practical analysis of the Convention and its consequences for the promotion of mediation as a mechanism to solve commercial conflicts with a cross-border character.

Key Features:

  • A comparative approach with perspectives from five continents and a variety of legal traditions
  • Critical discussion of every stage from the negotiation to the conclusion of the Convention
  • Sound proposals for the Convention’s implementation and application by States and regional organisations
  • Contributions from a diverse group of practitioners and academics, including some who were part of the negotiation of the Singapore Convention

The Commentary will be a crucial resource for practitioners, arbitrators and mediators involved in cross-border commercial disputes, as well as judges in this area. It will also be of interest to scholars interested in international commercial law, arbitration and mediation.

Table of Contents

Chronicles of the Singapore Convention – an insider view
Itai Apter and Roni Ben David
The Preamble to the Singapore Convention on mediation: identifying the object and purpose
of the Treaty through text, context and intent
S.I. Strong
1. Scope of Application
Pablo Cortés
2. Definitions
Nuria González Martín
3. General principles
Guillermo Palao
4. Requirements for reliance on settlement agreements
Mark T. Kawakami
5. Grounds for refusing to grant relief
Dai Yokomizo and Peter Mankowski
6. Parallel applications or claims
Valesca Raizer Borges Moschen
7. Other laws or treaties
Gyooho Lee
8. Reservations
Ximena Bustamante and Gabriela Balseca
9. Effect on settlement agreements
Achille Ngwanza
10. Depositary
Afonso Patrão and Dulce Lopes
11. Signature, ratification, acceptance, approval, accession
Ilaria Queirolo and Stefano Dominelli
12. Participation by Regional Economic Integration Organizations
Théophile Margellos and Sven Stürmann
13. Non-unified legal systems
Dulce Lopes and Afonso Patrão
14. Entry into force
Javier Díez-Hochleitner
15. Amendment
Javier Díez-Hochleitner
16. Denunciations
Javier Díez-Hochleitner

Index
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